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WILEY v. J. WEINGARTEN, INC.

No. 2130.

205 So.2d 138 (1967)

Ernest WILEY and Zella Wiley, Plaintiffs-Appellees, v. J. WEINGARTEN, INC. and Travelers Indemnity Company, Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 11, 1968.

Attorney(s) appearing for the Case

Holt & Woodley, by Donald Walter, Lake Charles, for defendant-appellant.

Rogers, McHale & St. Romain, by Hardy Parkerson, Lake Charles, for plaintiff-appellee.

Jones, Kimball, Harper, Tete & Wetherill, by Robert Thomas, Lake Charles, for defendant-appellee.

John H. Benckenstein, Beaumont, Tex., for defendant-appellee.

Before FRUGE, HOOD and CUL-pepper, JJ.

HOOD, Judge.

Plaintiffs, Mr. and Mrs. Ernest M. Wiley, instituted this action for damages for personal injuries sustained by Mrs. Wiley when a bottle of Coca Cola is alleged to have exploded. The suit was instituted against J. Weingarten, Inc., and against Travelers Indemnity Company, the latter being the insurer of the Louisiana Coca Cola Bottling Co., Ltd. Judgment on the merits was rendered by the trial court in favor of plaintiffs and against Travelers, but plaintiffs...

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